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99111898
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Last modified
3/13/2012 8:27:37 PM
Creation date
10/21/2005 1:46:10 AM
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DEEDS
Inst Number
99111898
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99 11 � 89 � <br /> 13.Notices. Any notice to Bonower provided for in this Security Inswment shall be given by delivering it or by <br /> mailing it by first class mail unless applicable law requires use of another method. 'The notice shall be directed to the <br /> Property Address or any other address Borrower designates by notice to Lender.Any notice to I,ender shall be given by <br /> first class mail to Lender's address stated herein or any address Lender designates by notice to Bonower. Any notice <br /> provided for in this Security Instrument shall be deemed to have been given to Bonower or Lender when given as <br /> provided in this pazagraph. <br /> 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the <br /> jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the <br /> Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note <br /> which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and <br /> the Note aze declazed to be severable. <br /> 15.Borrower's Copy.Borrower shall be given one conformed copy of the Note and of this Security Insffument. <br /> 16. Hazardous Substances. Bonower shall not cause or permit the presence, use,disposal, storage,or release of <br /> any Hazardous Substances on or in the Property. Bonower shall not do,nor allow anyone else to do,anything affecting <br /> the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, <br /> use, or storage on the Property of small quantities of Hazazdous Substances that are generally recognized to be <br /> appropriate to normal residential uses and to maintenance of the Property. <br /> Borrower shall prompdy give Lender written notice of any investigation,claim,demand,lawsuit or other action by <br /> any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br /> Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or <br /> regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is <br /> necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. <br /> As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous <br /> substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum <br /> products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and <br /> radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the <br /> jurisdiction where the Property is located that relate to health,safety or environmental protection. <br /> NON-iJNIFORM COVENANTS.Bonower and L.ender further covenant and agree as follows: <br /> 17.Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of <br /> the Property. Bonower authorizes L,ender or Lender's agents to collect the rents and revenues and hereby directs each <br /> tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of <br /> Borrower's breach of any covenant or agreement in the Security Instrument,Bonower shall collect and receive all rents <br /> and revenues of the Property as trustee for the benefit of I.ender and Borrower. This assignment of rents constitutes an <br /> absolute assignment and not an assignment for additional security only. <br /> If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as <br /> trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) I,ender shall be <br /> entifled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due <br /> and unpaid to Lender or Lender's agent on I,ender's written demand to the tenant. <br /> Bonower has not executed any prior assignment of the rents and has not and will not perform any act that would <br /> prevent Lender from exercising its rights under this pazagraph 17. ' <br /> L.ender shall not be required to enter upon,take control of or maintain the Property before or after giving notice of f <br /> breach to Bonower. However,Lender or a judicially appointed receiver may do so at any time there is a breach. Any I <br /> application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This <br /> assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. <br /> � <br /> DOC #:026606 APPL #:00152836'78 LOAN #:0015283678 <br /> �-4F;(NE)(9604).Ot cmi3i 9604.03 Page 6 ot 8 Initials:�� <br /> � <br />
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